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HomeMy WebLinkAboutC2010-037 - 3/23/2010 - ApprovedCITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 The City of Corpus Christi, Texas hereinafter called "City" and LNV Ens~ineerine hereinafter called "Consultant" agree to the following amendment to the Contract for Professional Services as authorized by: Original Small A/E Agreement June 2, 2008 Administrative Approval $45,330.00 1. SCOPE OF PROJECT: Oso Infiltration/Inflow Related Collection System Enhancement Program and Programmed Wastewater Line Lifecycle Replacement (Project No. 7410) This project involves the preparation and development of the necessary indefinite deliveryrndefinite quantity (IDIQ) contract and bidding documents forthe Oso Water Reclamation Plant (WRP) service area. In addition, it provides for the issuance of delivery orders for wastewater improvements in this service area to include the rehabilitation and/or replacement of sanitary sewers, manholes, and service connections. The delivery order work will include developing the required construction drawings, documents, and cost estimates and performing construction administration for the implementation of the delivery orders and may include additional services for construction observation, warranty, and public meetings. In the first phase, LNV Engineering will issue delivery orders upon the City's request and on an as-needed basis for approximately $1.5 million in construction improvements. In addition, this project will include the design, bidding and construction phase services for the removal and replacement of three (3) existing lift station pumps at the Oso WRP. The existing pumps have outlived their expected design life and are no longer operating at their intended design points. Ultimately, this has reduced the capacity at the head of the plant and the new pumps will address this issue by meeting or exceeding the original pumps' capacity. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to perform design services necessary to review and prepare plans, specifications, and bid and contract documents. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A" and "A-1 ", to complete the project. Exhibit "A-1"provides supplemental description of services to Exhibit "A"and does not supersede services described in Exhibit "A". Work will not begin on Additional Services until requested by the A/E (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. A/E services will be "Services for Construction Projects"- (Basic Services for Construction Projects") which are shown and are in accordance with "Professional Engineering Services- A Guide to the Selection and Negotiation Process,1993" a joint publication of the Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, certain services listed in this publication as Additional Services will be considered as Basic Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those authorized Basic Services for this contract upon receipt of `"~ "'~`~~~ `~ °-~~~~~' `-~-~^ the Director of Engineering Services. Work will not begin on any phase 2010-037 M2010-058 AMD. N0.1 03/23/10 Pa e 1 of 3 I&1 & Life Lifecycle\Large AE Amd. No. 1\Large AE Contract.doc LNV Engineering ~N~ by the Director of Engineering Services. The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A". This schedule is not to be inclusive of all additional time that maybe required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE A/E agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "B". 5. FEE The City will pay the A/E a fee, as described in Exhibit "A", for providing services authorized in the amount of $229,110.00 (Two Hundred Twenty-Nine Thousand One Hundred Ten Dollars and Zero Cents) for a total restated fee of $274,440.00 (Two Hundred Seventy-Four Thousand Four Hundred Forty Dollars and Zero Centsl. Monthly invoices will be submitted in accordance with Exhibit "D". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. The A/E agrees that at least 75% of the work described herein will be performed by a labor force residing within the Corpus Christi Metropolitan Statistical Area (MSA). Additionally, no more than 25% of the work described herein will be performed by a labor force residing outside the Corpus Christi Metropolitan Statistical Area (MSA.) 8. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 9. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, AMD. N0.1 Pa e2of3 H:\HOME1Rachelle\GEN\Wastewater17410-Oso 1818 Life L'rfecycle\Large AE Amd. No. 11Large AE Contract.doc contractor's field data, and submittal data will be the sole property of the City, may not be used again by the A/E without the express written consent of the Director of Engineering Services. However, the A/E may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re-use of modified plans. 10. DISCLOSURE OF INTEREST A/E further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached hereto as Exhibit "C". ChTY~,F CO PUS~C~RISTI LNV 1 E G ~ /i~ - ~~ •///D Juan Pera es Jr., P.E. Date Dan Ley r, P.E. Date Assistant City Manager Presiden 801 Navigation, Suite 300 Corpus Christi, Texas 78408 RECOM DED (361) 883-1984 Office; 883-1986 Fax ~~Z D Pete Anaya, . E. Date Director of Engineering Services ATTEST Armando Chapa, City Secre ry ~~~~~~'® AUTHORtTJt~ MAY COtlI"iCl l „..~,.~ ~3 j ~ sl:c~~T~l:r APP OVED AS TO FORM ° ~ ~- ~~ City ttorney Date Project No. 7410 CIP # WW 16 Fund Source No. 550950-4502-00000-150164 Encumbrance No. H:IHOME\Rachelle\GEN\WastewaterV410-Oso 181 & Life Lifecycle\Large AE Amd. No. 1\Large AE Contract.doc AMD. N0.1 Pa e3of3 OSO INFILTRATION/INFLOW RELATED COLLECTION SYSTEM ENHANCEMENT PROGRAM AND PROGRAMMED WASTEWATER LINE LIFECYCLE REPLACEMENT (PROJECT NO. 7410) EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS 1. SCOPE OF SERVICES A. Basic Services. Basic Services will include the following in addition to those items shown on Exhibit "A-1" Task List. 1. Preliminary Phase. (Complete under Small A/E) 2. Design Phase. Upon receiving authorization to proceed, the A/E will: a. Study, verify, and implement IDIQ contract documents including construction sequencing, connections. to the existing facilities, and restoration of property and incorporate these plans into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff. b. Prepare one (1) set of Construction Bid and Contract Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, notice to bidders, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis. c. Provide assistance, identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). d. Prepare final quantities and estimates of probable costs with the recommended construction schedule. e. Assimilate all review comments, modifications, additions/deletions and proceed to next phase, upon Notice to Proceed. f. Provide 1 copy of pre-final plans and bid documents to the City staff for review and approval purposes with revised estimates of probable costs. Compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants. AMD. N0.1 EXHIBIT "A" Pa e 1 of 6 H:\HOMElftachelle\GEN1Wastewater174f0-Oso 181 & Lrfe LifecyGelLarge AE Amd. No. 1\Exhibit A.doc g. Provide traffic controls including a Traffic Control Plan, illumination, markings and striping, signalization, and as delineated by the City Traffic Engineering Department. h. Upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. i. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. j. Prepare and submit monthly status reports with action items developed from monthly progress and review meetings. The City staff will: a. Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b. Provide the budget for the Project specifying the funds available for the construction contract. c. Provide the City's standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a. Participate in the pre-bid conference and provide a recommended agenda for critical construction activities and elements impacting the project. b. Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d. Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e. In the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, conferwith City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. The City staff will: a. Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. AMD. N0.1 EXHIBIT "A" Pa e 2 of 6 H:\HOME1Rachelle\GEN\Wastewater17410-Oso 181 & Life Lifecycle\Large AE Amd. No. 1\Exhibit A.doc b. Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. c. Receive the Engineer's recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d. Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Phase. The A/E will perform contract administration to include the following: a. Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b. Review for conformance to contract documents, shop and working drawings, materials and other submittals. c. Review field and laboratory tests. d. Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. e. Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f. Prepare change orders as authorized by the City (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract. g. Make final inspection with City staff and provide the City with a Certificate of Completion for the project. h. Review construction "red-line" drawings, prepare record drawings of the Project as constructed (from the "red-line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: H:\HOME\Rachelle\GEN\Wastewater17410-Oso 1818 Life Lifecycle\Large AE Amd. No. 1\Exhibit A.doc AMD. N0.1 EXHIBIT "A" Pa e3of6 a. Prepare applications/estimates for payments to contractor. b. Conduct the final acceptance inspection with the Engineer. B. Additional Services (ALLOWANCE) This section defines the scope (and ALLOWANCE) for compensation for additional services that may be included as part of this contract, but the A/E will not begin work on this section without specific written approval by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E will, with written authorization by the Director of Engineering Services, do the following: Toaographic Survey. Provide field surveys, as required for design including the necessary control points, coordinates and elevations of points (as required for the aerial mapping of the Project area -aerial photography to be provided by City). Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors' Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 2. Construction Administrative Services. Issue delivery orders (approximately 6 total) on an as needed basis forthe Engineering Department. In each case, the Engineer will visit the site, meet with the City to discuss known issues and potential solutions, review utility base maps, prepare delivery order exhibits, short narrative, and provide an estimate of anticipated construction quantities. 3. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 4. Public Meetings. Actively participate in and assist the City with neighborhood meetings to discuss the proposed improvements with the public. A. Prepare handouts and exhibits for the meetings as necessary B. Assist the City in conducting the meetings C. Assist the City with follow-up responses to citizen comments 5. Oso WRP Influent Hydraulics. See Exhibit A-1 AMD. N0.1 EXHIBIT "A" Pa e4of6 H:\HOME\Rachelle\GEN1Wastewater\7470-Oso 1818 Life LifecyclelLarge AE Amd. No. 1\Exhibit A.doc Provide the services above authorized in addition to those items shown on Exhibit "A-1" Task List. 2. SCHEDULE DAY DATE ACTIVITY Monday March 29, 2010 Begin Design Phase Friday April 30, 2010 Pre-Final Submittal Friday May 14, 2010 City Review Comments Due Friday May 28, 2010 Final Submittal Monday (2) June 7 & 14, 2010 Advertise for Bids Tue/Wed/Thu June 23, 2010 Pre-Bid Conference Wednesday June 30, 2010 Receive Bids Tuesday July 27, 2010 Award Contract Monday Aug. 9, 2010 Begin Delivery Orders & Pump Replacement 3. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all "Basic Services" authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. For services provided in Section I.A.1-4, A/E will submit monthly statements for basic services rendered. In Section I.A.1-3, the statement will be based upon A!E's estimate (and City Concurrence) of the proportion of the total services actually completed at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of completion of the construction contract. City will make prompt monthly payments in response to A/E's monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. "Additional Services" the City will pay the A/E anot-to-exceed fee as per the table below: AMD. N0.1 EXHIBIT "A" Pa e5of6 H:\HOME1Rachelle\GEN\Wastewater\7410-Oso I&I & Life Lifecycle\Large AE Amd. No. 11Exhibit A.doc C. Summary of Fees ORIGINAL CONTRACT AMD. N0.1 TOTAL BASI C SERVICES 1 Prelimina Phase $45,330.00 $0.00 $45,330.00 2 Desi n Phase 0.00 73,052.00 73,052.00 3 Bid Phase 0.00 6,316.00 6,316.00 4 Construction Phase 0.00 31,744.00 31,744.00 Subtotal Basic Services 45,330.00 111,112.00 156,442.00 ADDITIONAL SERVICES 1 To o ra hic Sunre 0.00 11,286.00 11,286.00 2 Construction Observation Services 0.00 30,744.00 30,744.00 3 Warran Phase 0.00 3,858.00 3,858.00 4 Public Meetin s 0.00 7,854.00 7,854.00 5 Oso WRP Influent Hydraulics AUTHORIZED 0.00 64,256.00 64,256.00 Subtotal Additional Services 0.00 117,998.00 117,998.00 TOTAL AUTHORIZED FEE $45,330.00 $229,110.00 $274,440.00 AMD. N0.1 EXHIBIT "A" Pa e6of6 H:\HOME\Rachelle\GEN\WastewaterV410-Oso I&1 & Life LifecyclelLarge AE Amd. No. 1\Exhibit A.doc OSO INFILTRATION/INFLOW RELATED COLLECTION SYSTEM ENHANCEMENT PROGRAM AND PROGRAMMED WASTEWATER LINE LIFECYCLE REPLACEMENT (PROJECT N0.7410) EXHIBIT "A-1" TASK LIST BASIC SERVICES 1. Preliminary Phase (Completed under Small A/E) 2. Design Phase a. Gather and review existing IDIQ contract documents associated with other service areas. Identify in association with City staff the strengths of the existing documents and the areas needing improvements. b. Attend and participate in project meetings (2 meetings) with City staff to discuss IDIQ issues related to other projects and to determine the best approach in preparing the plans and specs. c. Incorporate City's "Lessons Learned" from the previous IDIQ contract into the Oso IDIQ contract documents d. Develop an improved and revised bid item matrix which will provide benefits to the City with respect to economy of scale. e. Prepare IDIQ plans, specifications and other contract documents for the Oso WRP service area f. Investigate the alternatives and prepare the bid documents necessaryto implement the removal and replacement of 3 pumps located at the Oso WRP lift stations. 3. Bidding Phase -Perform standard bidding phase services as described in Exhibit A. 4. Construction Phase -Perform standard construction phase services for each delivery order as described in Exhibit A. ADDITIONAL SERVICES 1. Topographic Survey a. Engineer will provide topo survey as necessary to issue accurate and construction worthy delivery orders. Topographic services may not be required for each delivery order but the fee has been determined based on 6 separate delivery orders 2. Construction Administrative Services a. Prepare on an as needed basis multiple delivery orders on approximately $1.5 million in construction improvements. The work associated with these delivery orders will include: AMD. N0.1 EXHIBIT "A-1" Pa e 1 of 3 H:\NOME1Rachelle\GEN\Wastewater17410.Oso I&I 8 Life Lifecycle\Large AE Amd. No. 11Exhibit A•1.doc Researching the City's existing utility base maps and master plans in the direct vicinity of the proposed improvements. This includes the area that can reasonably be expected to be impacted by constructing the proposed improvements. Create and provide the plans and/or exhibits identifying and describing the proposed IDIQ work along with proposed quantities and cost estimates. • Review and submit record drawings for each delivery order 3. Warranty Phase 4. Public Meetings a. Engineer will aid the City in coordinating public meetings associated with each delivery order b. Engineer will actively participate and produce exhibits, narrative descriptions, and engineering support as needed for these public meetings 5. Oso WRP Influent Hydraulics a. Aid the City's Wastewater Department staff in identifying the cause of potential sanitary sewer overflows (SSO's) along the Oso WRP influent trunk lines by providing on-call engineering services including but not limited to: (COMPLETED) i. Detailed engineering analyses on the Oso WRP influent lines including the twin 36-inch lines crossing the Oso Golf Course from the plant to Everhart Road/South Staples Street; the 24-inch line along Kentner Street from the plant to Aberdeen Street; the 27- inch line along Everhart Road; and the 54-inch equalization line. The analyses will also include studies on both lift stations at the Oso WRP, the headworks, pump performance tests, and a review of historical flow data. ii. Engineer will collect and recreate the design pump curves for both lift stations at the Oso WRP. These curves will be overlaid onto the appropriate system curves to accurately determine the actual operating points. iii. Modeling and capacity calculations for all influent lines to predict SSO susceptibility, to determine capacity of the lines and to identify the system bottlenecks. iv. Field visits -Engineer will make multiple site visits including but not limited to the Oso WRP, Catalina Condos, Everhart/Staples Lift Station, Oso Golf Course, etc. v. Topographic survey - Topo survey for all of the Oso WRP influent lines discussed above and also includes survey on the 8-in/10-in line along Ocean Drive and Aberdeen Drive. vi. Smoke testing -Engineer will provide smoke testing services on AMD. NO. 1 EXHIBIT "A-1" Pa e2of3 H:\HOME1Rachelle\GEN\Wastewater17410.Oso I&I & Lite LifeeyclelLarge AE Amd. No. 11Exhibit A-1.doe approximately 15,000 LF of pipe ranging in size from 8-inch to 36- inch. vii. Manhole Inspection -Engineer will inspect and provide detailed manhole inspection report on approximately 30 manholes along the smoke testing route. viii. CCTV review and analysis b. Create up to 16 different hydraulic grade lines (HGL's) based on differing flow scenarios and tailwater elevations. The HGL's will include but not be limited to peaking factors as calculated by the Babbitt formula, 4Q, 6Q, and average daily flow. The two tailwater elevations used will be normal average day operation level of 0.0' and a high tailwater equal to the high level alarm for the influent lift stations at the Oso WRP. c. Provide written recommendations in the form of a simple engineering letter report with associated exhibits, calculations and recommendations to alleviate these potential problems. d. Engineer will perform an overall analysis on the plant's influent system to identify potential bottlenecks, system failures, poor equipment performance, hydraulic limitations, etc. and will provide recommendation on the best approach to relieve the system of excess flows during rain events. AMD. N0.1 EXHIBIT "A-1" Pa e3of3 H:IHOME1Rachelle\GEN1Wastewater17410-0so 1818 Life Lifecycle\Large AE Amd. No. 11Exhibit A-1.doc EXHIBIT B MANDATORY INSURANCE REQUIRMENTS (Revised July 2009) CONSULTANT LIABILITY INSURANCE A. The Consultant shall not commence work under this Agreement until he/she has obtained all insurance required herein and such insurance has been approved by the City. Nor shall the Consultant allow any subconsultant to commence work until all similar insurance required of the subconsultant has been so obtained. B. The Consultant shall furnish two (2) copies of certificates, with the City named as an additional insured, showing the following minimum coverage in an insurance company acceptable to the City. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily Injury and Property Damage certificates Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises -Operations 3. Explosion and Collapse Hazard 4. Underground Hazard 5. Products/ Completed Operations Hazard 6. Contractuallnsurance 7. Broad Form Property Damage 8. Independent Consultants 9. Personallnjury AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT OR RENTED WORKERS' COMPENSATION WHICH COMPLIES WITH THE TEXAS WORKERS= COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT EMPLOYERS' LIABILITY $100,000 EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT ENVIRONMENTAL IMPAIRMENT COVERAGE Not limited to sudden & accidental discharge; to include [ ] REQUIRED long-tern environmental impact for the disposal of [X] NOT REQUIRED contaminants BUILDERS' RISK See Section B-6-11 and Supplemental Insurance Requirements ( ]REQUIRED [Xj NOT REQUIRED INSTALLATION FLOATER $100,000 Combined Single Limit See Section B-6-11 and Supplemental Insurance Requirements [ ] REQUIRED [X] NOT REQUIRED C. In the event of accidents of any kind, the Consultant shall furnish the City with copies of all reports of such accidents at the same time that the reports are forwarded to any other interest parties. EXHIBIT "B" Insurance Requirements Pa e 1 of 2 II. INDEMNIFICATION AND HOLD HARMLESS A. Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its agents, servants, and employees, and each of them against and hold it and them harmless from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court costs and attorneys' fees, for or on account of any injury to any person, or any death at any time resulting from such injury, or any damage to any property, which may arise or which may be alleged to have arisen out of or in connection with the work covered by this contract. The foregoing indemnity shall apply except if such injury, death or damage is caused by the sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or employees or any other person indemnified hereunder. B. The Consultant shall obtain workers' compensation insurance coverage through a licensed insurance company or through self-insurance obtained in accordance with Texas law. If such coverage is obtained through a licensed insurance company, then the contract for coverage shall be written on a policy and endorsements approved by the Texas State Board of Insurance. If such coverage is provided through self-insurance, then within ten (10) calendar days after the date the City requests that the Consultant sign the contract documents, the Consultant shall provide the City with a copy of its certificate of authority to self-insure its workers' compensation coverage, as well as a letter, signed by the Consultant, stating that the certificate of authority to self-insure remains in effect and is not the subject of any revocation proceeding then pending before the Texas Workers' Compensation Commission. Further, if at any time before final acceptance of the Work by the City, such certificate of authority to self-insure is revoked or is made the subject of any proceeding which could result in revocation of the certificate, then the Consultant shall immediately provide written notice of such facts to the City, by certified mail, return receipt requested directed to: City of Corpus Christi, Department of Engineering Services, P. O. Box 9277, Corpus Christi, Texas 78469 -Attention: Contract Administrator. Whether workers' compensation insurance coverage is provided through a licensed insurance company or through self-insurance, the coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. ~~ ~, III. On the certificate of insurance: • The City of Corpus Christi is to be named as an additional insured on the liability coverage, except for workers' compensation coverage. • Should your insurance company elect to use the standard ACORD form, the cancellation clause (bottom right) shall be amended by adding the wording "changed or" between "be" and "cancelled" and deleting the words "endeavor to" and the wording after "left". If the cancellation clause is not amended in the ACORD form, then endorsements shall be submitted. • The name of the project also needs to be listed under "description of operations". • At least 10-day written notice of change or cancellation will be required. IV. A completed Disclosure of Interest must be submitted with your proposal. EXHIBIT "B" Insurance Requirements Pa e2of2 SUPPLIER NUMBER TO BE ASSIGNED BYZTT~ PURCHASING DIVISION v~iv City of CITY OF CORPUS CHRISTI corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for filing requirements, certifications and definitions. COMPANY NAME: LNV Engineering P. O. BOX: STREET ADDRESS: 801 Navigation, Suite 300 CITY: Corpus Christi ZIP: 78408 FIRM IS: I. Corporation X 2. Partnership ^ 3. Sole Owner ^ 4. Association ^ 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. I. State the names of each `employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firm." Name Board, Commission or Committee Dan S. Leyendecker Marina Advisory Board 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant N/A EXHIBIT "C" Pa e 1 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public m general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Dan S. Leyendecker, Title: President (Type or Print) Signature of Certifying ~ Date: ,~`//~D Person: ._ DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official:' The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "C" Pa e2of2